
View our Service Agreement here:
We appreciate you choosing 360 Memories. Please view our service agreement below. Submission of your deposit serves as your signature/agreement.
If you would like a printed version of this agreement for record keeping, please contact us.
The following contract and its terms will set forth an agreement between 360 Memories and_____________________ for video booth services. This written contract sets forth the full, written intention of both Parties and supersedes all other written and/ or oral agreements between the parties.
Service
The service provider will arrive approximately 30-60 minutes prior to your requested start time on the date of your rental. If the Client would like the Provider to arrive earlier, the Client will be charged at our current hourly "non-operational" rate of $75 per hour. Provider agrees to have a photo booth operational for a minimum of 85% during this period; occasionally, operations may need to be interrupted for maintenance of the Photo Booth (changing photo parts, adjusting camera, lighting etc., when applicable.) to achieve a quality product.
Access, Space and Power for the Video Booth
Client will arrange for access to the event space and will supply any necessary tickets, badges or other items needed for entry to the Provider's representative at the Client's expense. Client will arrange for an appropriate space for the Video Booth at the event’s venue. The video booth requires a space that is 13ft by 13 ft. Client is responsible for ensuring power is available for the Video Booth. (110V, 5 amps, 3 prong outlets on a dedicated circuit). If the Video Booth is to be placed outdoors, Client agrees to provide complete overhead coverage for the photo booth and backdrop for the entire duration of the event. Additional space is required if you pay for custom lighting.
Payment Terms
Service Fee: The service fee shall be outlined in the Client invoice. The service fee will encompass only items and/or services included within the Client invoice. No items/services shall be agreed to outside of the Client Invoice whether written, oral or applied. The Provider will be under no duty to perform its obligations under this Agreement until such time as Client has paid the service fee in full. Making payment upon this contract and invoice solidifies this agreement.
Change of Date
If subsequent to this Agreement, the Client changes the date of the service, The Provider will make best efforts to accommodate the Client and provide services on the changed date. If the Provider is not available on the new event date, the Provider shall be entitled to keep the initial retainer, or 25% of the total Service Fee and neither party shall have any further liability or obligation under this Agreement. If Client reschedules the event, and the new date is in the following calendar year, any new pricing in effect at that time shall apply and will be included in the Client invoice.
Cancelation
If Client cancels the event or this Agreement, Client shall immediately notify the Provider of such cancellation in writing within 7 days. It is up to the discretion of the company to offer a partial refund
Force Majeure
Neither the Provider nor Client shall be held responsible or liable if the fulfillment of any terms or provisions of this Agreement are delayed or prevented by revolutions or other disorders, wars, acts of enemies, fires, floods, acts of God, or without limiting the foregoing by any other cause not within the control of the party whose performance is interfered with, and which by the exercise of reasonable diligence, the party is unable to prevent, whether of the class of causes enumerated before or not. In the event the events contemplated by this paragraph occur, the Provider shall be entitled to retain the greater of the Retainer or 25% of the Service Fee to the Provider for value received.
Damage to Provider’s Equipment
Client acknowledges that it shall be responsible for any damage or loss to the Provider’s Equipment caused by:
a) Any misuse of the Provider’s Equipment by Client or its guests.
b) Any form of theft or disaster including but not limited to fire, floods or an earthquake.
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The client further acknowledges the provider shall have the express right to decline services to client’s guests either invited or uninvited, for misuse, inappropriate photos and or unruly behavior.
Model Release
Client hereby agrees to, and understands that all guests using the video booth or other equipment hereby give to Provider the right and permission to copyright and use, photos or video of any video booth user who may be included intact or in part, made through any and all media now or hereafter known for illustration, art, promotion, advertising, trade, or any other purpose. In addition, I, hereby release, discharge and agree to hold harmless Provider, from any liability, that may occur or be produced in the taking of said picture, video or in any subsequent processing thereof, as well as any publication thereof, including without limitation any claims for libel or invasion of privacy.
Attire
Provider's staff will be presented in shirts depicting our company name & logo or cohesive solid colors.
Internet Access
When applicable, the Provider's video booth requires reliable access to Internet connection when sending Image files instantly. In the event that the Internet is not available, service provider will provide Internet connection needed. This must be discussed ahead of time.
Client understands that the Provider is not responsible for Internet Reliability and cannot guarantee that reliable Data Signals will be available in all locations. If no coverage become available at the event location, the Provider will send all digital copies to the Client and guests within four days of the rental conclusion.
Liability and Indemnity
Client agrees that the Provider's maximum liability for any claims, breaches or damages by reason of any act or omission, including breach of contract or negligence, shall be limited to the dollar amount paid by Client pursuant to this Agreement. Client agrees that Provider shall not under any circumstances be liable for any claims for emotional distress, mental anguish, punitive damages, injuries, consequential damages, lost profits, loss of enjoyment, lost revenues and/ or replacement costs.
Warrant
The Provider warrants that the above property is in good working condition, but makes no further warranties, express or implied.
Right to Safe Work Environment
Client will be responsible for and shall ensure that Provider's employees, representatives, agents or contractors are provided a safe work environment free from hazards, attacks, threats of violence or any harassment sexual, racial or otherwise in nature. In the case the Provider or representative feels unsafe, the Provider may take possession of the equipment as provided by law, deduct the costs of recovery (including attorney fees and legal costs), repair , and related costs, and hold the Client responsible for any deficiency. No refunds will be made in whole or in part and all monies paid will be retained for value received. The rights and remedies of the Provider provided by law and this Agreement shall be cumulative in nature.
Payment(s)
A deposit is required to secure your event date. %100 of this deposit is non refundable. Your balance must be paid in full 10 business days ( 2 weeks) before your event. If this balance is not paid by the required date, 360 memories will not be able to provide services and will determine if balance received its non refundable.
Additional Terms
As apart of providing our 360 booth services, Client agrees to provide 360 Memories staff with a meal or light refreshments if services are booked for longer than 3 hours.
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Agreement to this contract is made valid by submission of deposit.
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